United States District Court, W.D. North Carolina
IN RE HONORABLE KENNETH D. BELL, PRESIDING JUDGE REFERRALS AND DESIGNATION OF DUTIES TO MAGISTRATE JUDGES IN THE WESTERN DISTRICT OF NORTH CAROLINA.
KENNETH D. BELL, UNITED STATES DISTRICT JUDGE
MATTER is before the Court on its own motion
regarding the referral of motions and the designation to
perform certain duties to United States Magistrate Judges
serving in the Western District of North Carolina, either by
commission or designation, in accordance with 28 U.S.C §
CRIMINAL CASES, IT IS ORDERED THAT pursuant to 28
U.S.C § 636 (a) and (b), and Local Criminal Rule 59.1,
Magistrate Judges shall be referred and are hereby designated
to perform the following duties:
accept guilty pleas or conduct trials on misdemeanor and
petty offenses for which the maximum term of imprisonment is
one year or less, if the defendant has consented to proceed
before a Magistrate Judge and if such consent is necessary
under 28 U.S.C. § 636 or 18 U.S.C. § 3401.
accept tendered guilty pleas on felony offenses subject to
acceptance by the District Judge. On a case-by-case basis,
and for the convenience of the parties, the undersigned may
accept guilty pleas at other times, including regularly
scheduled terms of court.
Magistrate Judge may make the 18, United States Code, Section
3143, determination of release or detention after acceptance
of the plea, including whether exceptional circumstances
exist under Section 3145(c). The Magistrate Judge may further
review that determination up to the day of sentencing upon
the filing of any motion for reconsideration.
appeal or motion to review a Magistrate Judge's bond
determination or conditions shall be directed to the District
Judge. However, a Magistrate Judge may also review his or her
own bond determination at any time either sua sponte
or upon motion for reconsideration by either party.
conduct hearings pursuant to 18 U.S.C. § 3142, and 28
U.S.C. § 636(a)(2); provided that upon notice that a
party intends to file a motion for revocation of a release
order or amendment of the conditions of release, pursuant to
18 U.S.C. § 3145, any release order shall be stayed
pending disposition by the District Judge.
enter a final order on any other non-dispositive criminal
pretrial motions, subject only to review by the District
Judge for clear error (if properly appealed);
make findings of fact, conclusions of law, and to recommend
disposition of any dispositive criminal motion, excluding
motions to suppress evidence, through submission of a
Memorandum and Recommendation to the District Judge. All
motions to suppress shall be directed to the District Judge;
perform all other duties as authorized in Local Criminal Rule
59.1 that are not contrary to the specific duties as set
forth within this order.
IS FURTHER ORDERED THAT:
Beginning two (2) weeks prior to calendar call for any trial
term (or peremptory setting), all trial-related motions such
as motions in limine, motions for issuance of
subpoenas pursuant to Rule 17(b), Federal Rules of Criminal